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New policy regarding passport names for dual nationals.

A section for posts relating to applications for Naturalisation or Registration as a British Citizen. Naturalisation

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mtf
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Re: New policy regarding passport names for dual nationals.

Post by mtf » Thu May 03, 2018 10:56 pm

Hi,

My wife is a Polish/British dual national, and she has changed her name from "First Second OLDLAST" to "First Second Oldlast NEWLAST", i.e. converting her maiden surname to a new middle-name and adopting my surname.

Unfortunately Poland doesn't allow its citizens to have more than two forenames, so my wife had to settle for "First Second NEWLAST" in her new Polish passport. Now of course HMPO are refusing to accept my wife's full name. Even though we have an enrolled deed poll stamped by the High Court of Justice (no less!), it appears that Polish legal restrictions take precedence over our own High Court...

Being aware of the guidance in section 6.6 of Annex A (thanks to this forum), we asked the Polish consulate in London to provide written evidence that the new name on my wife's deed poll would not be permissible on a Polish passport. The consulate staff refused, and told us that they will not facilitate Polish nationals changing their names in other countries, if such names would be forbidden in Poland. Instead we printed a page in English from a Polish consulate website, and another page in Polish showing the original Polish legislation on name changes (with a handwritten translation), and sent these to HMPO. HMPO refused to accept these, saying that they will only accept a "letter from the Polish authorities", and not a "printout from the internet".

Any advice? The new guidance in Annex A is a nice gesture to help dual nationals whose "other country" refuses to allow name changes...but if the other country's consulate also refuses (on principle) to provide the documentary evidence requested by HMPO, then we're back to square one.

Obviously any reasonable person would recognise that Polish laws are public documents, and we shouldn't need a letter from the government to prove the existence of a binding public law. A statement from a qualified Polish lawyer should at least suffice, but apparently that's not good enough.

So far we've only interacted with the call centre staff at HMPO, who are rude and powerless to decide anything. Did anyone have more luck by writing to them?

Thanks in advance!

Holdenj183
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Re: New policy regarding passport names for dual nationals.

Post by Holdenj183 » Fri May 11, 2018 5:34 am

Hi

Can anyone help. This is affecting us directly. My husband is British and I am Filipina. We live in the UK. My husband adopted my children via a UK Court so the children are now automatically British citizens. However when we applied for their passports we received this response about aligning names. We thought Philippine Republic Act 9225 relinquished their Philippine citizenship but after a number of enquiries we are now not so sure.

How hard is it to prove that you cannot change the name in the country of origin? What is the burden of proof?

If physically possible but requires attendance in person by the children, would disruption to schooling be grounds for exceptional circumstances?

Jonny31t
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Re: New policy regarding passport names for dual nationals.

Post by Jonny31t » Sat May 12, 2018 1:12 pm

Holdenj183 wrote:
Fri May 11, 2018 5:34 am
Hi

Can anyone help. This is affecting us directly. My husband is British and I am Filipina. We live in the UK. My husband adopted my children via a UK Court so the children are now automatically British citizens. However when we applied for their passports we received this response about aligning names. We thought Philippine Republic Act 9225 relinquished their Philippine citizenship but after a number of enquiries we are now not so sure.

How hard is it to prove that you cannot change the name in the country of origin? What is the burden of proof?

If physically possible but requires attendance in person by the children, would disruption to schooling be grounds for exceptional circumstances?
I am intrigued too. My passport has one name. My citizenship approval came with First name, and surname in the order I want. So I don't know what I will get on my passport.

My home country has no facility to put in surname and first names.

Kimhibberd
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Re: New policy regarding passport names for dual nationals.

Post by Kimhibberd » Sun Jun 10, 2018 7:21 am

Hi all.
I am a victim of the ‘one name’ policy.
I applied to renew my British passport which was issued in my married name. My expired Australian Passport is in a previous married name. To change the name on my Australian passport is very difficult to say the least. I have to apply to my birth state for a name change certificate which is difficult in itself, then apply for the new Australian passport. I did not have the desire nor the inclination to go through this long winded process not do I need my Australian process which is why I didn’t bother. I never travel on that passport. I don’t need it. I don’t want to jump through all the hoops and go to the expense of applying for a passport I just don’t need.
The PO advised me to obtain one of those ‘ letters’ stating I will not renew or apply for another Australian passport. When I made enquiries to the Australian High Commission they said they didn’t issue such letters!
I don’t know what to do next. I’m at my wits end.
Is there anyone out there who can give me step by step instructions. Please 🙏

gba98
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Re: New policy regarding passport names for dual nationals.

Post by gba98 » Tue Jun 12, 2018 7:31 am

I had an old expired passport that will never be renewed.

I had to go through a complicated process involving three passports and two active passports. The names in the active passports have now been aligned.

HMPO are probably being more flexible now if they say you can do this and the name in your Australian passport does not match your British one.

Try going to a solicitor and make a statutory declaration with some background information stating your Australian passport and name and stating: "The last Australian passport issued to me expired on (date) (exhibit no.). I hereby declare that I will not renew such passport...". Then provide HMPO with a full colour photocopy of your last expired Australian passport.

Please take further advice before going through this route but it worked for me for my third passport which had not been renewed since the mid 90s (but the name was my current (birth) name and was relatively aligned except for for regional differences in name spelling and not a maiden name).

The advice on HMPO's phone line isn't always consistent which is why you need to take further advice and find a reliable solicitor who isn't just after your money.

You could always relinquish your Australian nationality but I wouldn't advise this route. I also wouldn't advise trying to hide another passport even if someone advises you to as HMPO can always find out.

pyroskin
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Re: New policy regarding passport names for dual nationals.

Post by pyroskin » Thu Jul 05, 2018 1:25 pm

Hello,

I'm planning to apply for British Citizenship in the next weeks, and with it for a UK Passport. After reading this thread, I'm wondering if I have a problem when applying for a passport. I'm have dual citizenship in Italy and Slovenia (both EU). My surname ends with a character used is Slovenia which is a "c" with a small "v" on top. It looks like this: "č". In my Slovenian passport it is spelt with a "č", but in my Italian passport it is simply a "c". In my life in UK I've always used the simplified version spelt with a "c". Will I likely have problems in applying for a UK passport, when I will have to send both the Italian and Slovenian passport? What could be a possible solution?

Thank you for your help!

idonno
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Re: New policy regarding passport names for dual nationals.

Post by idonno » Tue Oct 16, 2018 5:21 pm

All the trumpets and fanfares at the beginning of this very long thread and I can tell you: nowt has changed.

My wife is of Vietnamese origin. In her passport her name is as it is done in Vietnam:
In this order: Family name, middle name No. 2, Middle name No. 1, given name.

From day 1, applying to come here to the UK way back in 2011, ILR, and now naturalisation, she has had this problem with the Home Office insisting on referring to her by her Middle name No. 2, family name. Time and time again, we have tried to get this corrected. Indeed, her middle name No. 2 is given to the vast majority of Vietnamese females, simply because when translated, that is what it says: I'm female! It's a gender ID. Despite supplying information, backing up the order of names as done in Vietnam (even one produced by Interpol, way back in 2006), we are still stuck in limbo land.

And despite what it says at the beginning of this thread about name changes, order of names etc, if you apply for a British passport, the policy is still very much as is. No name change or changes to the order of names allowed. It must be as shown in the holders foreign passport. The naturalisation certificate is the same too.

In the letter received today from the Passport Office it talks about security. How can it be secure when I, as a British person, would look at her British passport and automatically would call her in the order that it is shown. My British passport shows Family name top followed on the next line: given name, middle name! Her true name as it really is wouldn't be shown. When her British passport does arrive it will show Family name then underneath: Middle Name No. 2, Middle Name No. 1, Given name.

This creates a huge legal minefield for a fair number of naturalised people. One question I got asked recently was to give my spouse's name (to be written down as shown in her passport). Yes, you've guessed it. My pension paperwork came through showing my wife's name as 'middle name No. 2, family name' only. No sign of her true given name at all. Smacks very much so of 2 classes of citizens in the UK, even bordering on outright discrimination. I have come to the conclusion that the Home Office is inhabited by strange people who do not live in the real world.

I have fired off a load of paperwork to my MP. Whether it will get anywhere, who knows. Maybe it needs a crowd funding case to go through the courts. It must be wrong when someone is not allowed to be known by their given name. As it is, simply to get her a British passport, she has agreed to accept it as is. She needs to travel. But show that passport to any financial institution etc in the UK and the names on any application and her British passport will not tally at all. It might be fine for use in Vietnam though!

Springie
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Re: New policy regarding passport names for dual nationals.

Post by Springie » Fri Dec 07, 2018 2:04 pm

Hi all,

I'd like to share my successful story of getting a British passport issued in a name different from a previous uncancelled passport.

Citizenship ceremony: 26 November 2018
Passport tracking link used and generic responses from HMPO got: 28 November 2018
Letter from passport office asking for original of last Travel Document: 30 November 2018 (dated 28.11.2018)
Original of last Travel Document delivered to HMPO: 04 December 2018
Passport received (no text message): 07 December 2018

A bit of background. I obtained asylum in 2013 and the HO retained all my passports at the time. They then issued me with a Travel Document (blue). In 2016 I got married and changed my name, the HO issued me with a new TD in my married name.

When applying for naturalisation in September, I also applied for JCAP. I included a cover letter with the postal passport application form, which explained the situation and said the following:
► Show Spoiler
Shortly after my citizenship ceremony, I received a letter from the HMPO saying:

"For us to continue with the application, please send us your UK travel document. If it isn't possible, you must explain why in writing."

I posted my last uncancelled TD to the specified address and within the week, I got my passport in my married name, valid for 10 years and with no official observations.

They do appear to be occasionally reasonable!

Clazg
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France

Re: New policy regarding passport names for dual nationals.

Post by Clazg » Wed Jan 09, 2019 8:11 am

ghgi wrote:
Mon Mar 26, 2018 3:53 pm
Hi,
I thought I would mention that only last week I received my passport after fighting for 6 months (I know it doesn't seem like long from all of the stories I have read on here). I managed to wear HMPO down and get them to add in an observation, as I wasn't going to be renewing my French passport which expired in December. They didn't seem to understand that in France I will always be known under my maiden name, with them an addition of my married name.
I had to send them my new identity card which has this on it, and so I now have my passport with an observation which reads:
Holder has a French passport, number xxxxxx issued xxxxx in the name of xxxxx (maiden name). This passport expires 09/12/2017.
Holder has French Identity Card issued on xxxxxx in name of xxxxxxx ep (married) xxxxx

Hopefully this will help, and if anyone needs more information message me and I will be more than happy to help with a case of precedence.
Hi there,

I'm a dual national French/British Since birth and in having some trouble getting me first British passport due to the one name policy. My French passport, which expires in June, has my birth name but I since changed my name in the UK by deed poll. I'm not planning on renewing my French passport, and having just into Cambridge uni I have no intention to go back to France. I am able to prove that I use my 'new name for everything here and I'm definitely not wanting to try my name in France cause it's a nightmare and I probably couldn't anyway. I've just been sent my documents back with a letter saying they will not do my passport until I change my name on my French passport..
I was wondering if you could help me with writing a letter as you seem to know what elements work!
Really keen to get the British passport before my French one expires

Cheers

Dishk
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Re: New policy regarding passport names for dual nationals.

Post by Dishk » Fri Mar 08, 2019 1:23 pm

Good afternoon
I really need help my daughter name has been changed by UK deed pool now uk passport office is asking me to change her name in her French passport before they give her British passport I contact them they said they do not recognise uk deed pool I don't know what else to do

GinaAnd
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Slovakia

Re: New policy regarding passport names for dual nationals.

Post by GinaAnd » Sat Mar 09, 2019 12:14 am

Hi All, wonder if you can help at all. Firstly, I am sick to the stomach of having to post this and also spent half day craying today after I found this out only TODAY! So I am a dual National - Slovak by birth and naturalised British in 2008. My first British Passport (for which I had to attend a passport ID check interview) expires on a Brexit day! Having just booked a trip to Japan a week ago for May 2019 I have to get it renewed. The problem - My Slovak passport is in my maiden name. My British one in married name. And today trying to process my British p. Renewal online I find out about this ridiculous one name policy! I phoned PO and had varied responses - one guy was so rude and just hunged up on me. Another lady was understanding and suggested I go for premium one day service application and explain all there - perhaps they will be accepting. I am booked in for Wednesday but worried sick. It will take good 8 months to get my Slovak passport changed to my married name. And with expired British one if they refuse me a renewal I am screwed. BA will not change the name on my flight booking (phoned them already) ... having digged our the naturalization certificate and a copy of the actual naturalisation application - it clearly says there in a comments entred by me that I have maintained the use of my maidan name in my country of origin but assumed my husband’s surname in the Uk. HO issued me with the naturalization certificate in a married name (referring the my other know names as my maiden name). Since I never had my Slovak passport in other then my maiden name - this naturalization application was obviously supported by my maidan name passport. Also, when applying for the actual first UK passport I had produced my Slovak in a maiden name. And they issued me
with British one in a married name. So all the way they never discouredged me or advised me against it, in fact happily gave me a passport with a different name. I was always open and honest about my other surname - and now due to the stupid and discriminatory policy introduced since, I am facing my application potentially being rejected. I am shacking worried.
Do you have any advice for me? I will probably die if I can not travel on our holiday - we have been saving it for so long!! My hubby is also in bits, I am stressed out and crying - I just can’t believe it. Have been through so much shit to get a citizenship in a first place - and now when this is meant to be staightforward renewal I am having problems again - what is wrong with this country?!
Thank you so much!!

vinny
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Re: New policy regarding passport names for dual nationals.

Post by vinny » Sat Mar 09, 2019 11:10 am

If they made a mistake when they issued your first passport in your married name, then they should be able to issue the new passport in your maiden name? Else, if they didn't make a mistake, then they should be able to issue the new passport in your married name?

Moreover, an overly rigid name policy seems to undermine the sensible observation section of the passport.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

Nancy DD
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Re: New policy regarding passport names for dual nationals.

Post by Nancy DD » Tue Mar 19, 2019 9:26 pm

Antsmall wrote:
Tue Sep 20, 2016 9:06 pm
... here is the new name policy page, which contains two pdf documents:

https://www.gov.uk/government/publicati ... e-guidance

In the first pdf, "Use and Change of Names" (click on "Change of name guidance"), the relevant portions are paragraphs 26 to 28. They allow the issue of a British passport in a name other than that on a person's foreign passport if the person can prove that the foreign country of which they are a citizen won't allow them to change their names, and that they have been using their new name (the name desired on the British passport) 'for all purposes'.

In the second pdf, "Annex A: Use of Names in Passports", the relevant sections are paragraphs 6.5 to 6.7. They reiterate the material from the first pdf, provide a few more details, and specify that in such a case, an observation will be placed in the British passport explaining that the person is also known by their other name on their foreign passport.
This interested me because my existing passport is in my maiden name (which had to be scanned in to submit my supporting documents), but my hope is to get my citizenship in the married name with which I have been registered in this country for almost 31 years, so I was relieved to read this thread. In the 10-page "Use and Change of Names" pdf the only clickable link led to Annex A, so I assume this document has changed since it was quoted here, although the second pdf, "Annex A" is as described.

It might be a complication that my married name was a change by convention, not deed poll or any of the officially required documents listed in the Annex, demonstrating a legal change of name - including my international marriage licence (which is apparently not in the same format as the British one). However I have plenty of documentation to demonstrate that 'for all purposes' it is my married name that is registered with each and every organisation/employer/educational establishment/group/society I have been a member of/involved in since May 1988, and I have contacted my Embassy to request the letter confirming that it is not legally possible to change my name in a national ID card or foreign passport.

What I do wonder about is which name will be on my naturalisation certificate, since all my applications have been made using my married name, the same as on my original residence permit, BRP card, NI number card, UK driving licence, bank accounts/statements, council tax statement, electoral roll, etc. etc. etc.

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